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Court rules in favor of state in taking of property for I-69

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For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.

William and Janice Boyd challenged the state’s eminent domain proceedings taking portions of real estate in Greene County owned by the Boyds. The Boyds objected, claiming the state violated various federal laws, the state’s offer to purchase was deficient, and the state sought to acquire more property than necessary.

The trial court struck the objections, condemned the property and appointed appraisers to determine the amount of just compensation to the Boyds.

In an eight-page decision authored by Senior Judge Randall Shepard in William A. Boyd and Janice Ann Boyd v. State of Indiana, 28A01-1203-PL-108, the judges quickly dismissed the Boyds’ objections. The couple argued that the interstate construction doesn’t comply with federal environmental statutes, but that challenge is to the legality of the project, not the legality of the taking. Property owners in Greene County recently made a similar objection in their appeal of the taking of their land for the interstate, and another appellate panel ruled just as the instant court has.

The judges ruled that the Boyds’ claim pertaining to the purchase offer being deficient is settled by Burd Mgmt. LLC v. State, 831 N.E.2d 104, 109 (Ind. 2005). While the Indiana Department of Transportation is required to make an offer, it is not required to prove that it did so, as the Boyds’ argued, Shepard wrote.

The COA also ruled that the Boyds’ claim that the state does not need the amount of land condemned for the I-69 project is not a proper subject for judicial review.

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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